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GOLDSCHMIDT v. CORTLAND REGIONAL MEDICAL CENTER, INC.

530337, 531007.

190 A.D.3d 1212 (2021)

2021 NY Slip Op 00467

Judith Goldschmidt, as Executor of the Estate of Harry Baker, Deceased, Respondent, v. Cortland Regional Medical Center, Inc., et al., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 28, 2021.

Attorney(s) appearing for the Case

Levene Gouldin & Thompson, LLP, Vestal ( Justin L. Salkin of counsel), for Cortland Regional Medical Center, Inc., appellant.

Aswad & Ingraham, LLP, Binghamton ( Mary E. Saitta of counsel), for Lynn Cunningham and another, appellants.

Gale, Gale & Hunt, LLC, Fayetteville ( Kevin T. Hunt of counsel), for Kirwin G. Gibbs and another, appellants.

Coughlin & Gerhart, LLP, Binghamton ( Rachel A. Abbott of counsel), for respondent.

Lynch, J.P., Clark and Colangelo, JJ., concur.

On January 12, 2012, Harry Baker (hereinafter decedent) went to the emergency department at defendant Cortland Regional Medical Center, Inc. (hereinafter CRMC) with complaints of dizziness. Defendant Kirwin G. Gibbs, a radiologist, interpreted the results of a chest X ray performed on decedent as presenting a "[q]uestionable" nodule...

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